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IPC L7 - General Exception I

This document discusses general exceptions in criminal law. It provides an overview of sections 76-106 of the Indian Penal Code which recognize defenses where a person may be excused from criminal responsibility or punishment. These exceptions include acts done by mistake, under legal authority, in private defense, or without criminal intent. The document notes that while the prosecution must prove guilt, the accused bears the burden of proving any defenses or exceptions.

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100 views10 pages

IPC L7 - General Exception I

This document discusses general exceptions in criminal law. It provides an overview of sections 76-106 of the Indian Penal Code which recognize defenses where a person may be excused from criminal responsibility or punishment. These exceptions include acts done by mistake, under legal authority, in private defense, or without criminal intent. The document notes that while the prosecution must prove guilt, the accused bears the burden of proving any defenses or exceptions.

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SHanron Art
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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GENERAL EXCEPTIONS
 As a general principal of law man is presumed to know the nature and
consequence of his act and is, therefore held responsible for it.

 However, there are certain exceptions to this rule wherein a person


may be excused of crime.

 The Criminal law covers various punishments which vary from case
to case. But it is not always necessary that a person gets punished for
a crime which he/she had committed.

 The Indian Penal Code (IPC), 1860 recognizes defences in Chapter IV


under “General Exceptions”.
 In some cases, a person may be entirely excused from criminal
responsibility by virtue of being head of sovereign state others may be
excused from the consequences of punishment by reason of the absence
of the requisite mens rea necessary for the commission of particular
offence.

 This is based on the well known maxim actus non facit reus, nisi mens
sit rea i.e the act itself does not make a man guilty unless his intentions
are so. Such cases have been discussed elaborately under this chapter.

 These exceptions are covered from section 76 to section 106 of the


IPC.
CHAPTER IV
GENERAL EXCEPTIONS

Sections 76. Act done by a person bound, or by mistake of fact believing himself bound, by
law.
Sections 77. Act of Judge when acting judicially.
Sections 78. Act done pursuant to the judgment or order of Court.
Sections 79. Act done by a person justified, or by mistake of fact believing himself justified,
by law.
Sections 80. Accident in doing a lawful act.
Sections 81. Act likely to cause harm, but done without criminal intent, and to prevent other
harm.
Sections 82. Act of a child under seven years of age.
Sections 83. Act of a child above seven and under twelve of immature understanding.
Sections 84. Act of a person of unsound mind.
Sections 85. Act of a person incapable of judgment by reason of intoxication caused against
his will.
Sections 86. Offence requiring a particular intent or knowledge committed by one who is
intoxicated.
Sections 87. Act not intended and not known to be likely to cause death or grievous hurt,
done by consent.
Sections 88. Act not intended to cause death, done by consent in good faith for person's
benefit.
Sections 89. Act done in good faith for benefit of child or insane person, by or by consent of
guardian.
Provisos.
Sections 90. Consent known to be given under fear or misconception. Consent of insane
person. Consent of child.
Sections 91. Exclusion of acts which are offences independently of harm caused.
Sections 92. Act done in good faith for benefit of a person without consent.
Provisos.
Sections 93. Communication made in good faith.
Sections 94. Act to which a person is compelled by threats.
Sections 95. Act causing slight harm.
Right of Private Defense

Section 96. Things done in private defence.


Section 97. Right of private defence of the body and of property.
Section 98. Right of private defence against the act of a person of unsound mind. etc.
Section 99. Acts against which there is no right of private defence.

Extent to which the right may be exercised.

Section 100. When the right of private defence of the body extends to causing death.
Section 101. When such right extends to causing any harm other than death.
Section 102. Commencement and continuance of the right of private defence of the body.
Section 103. When the right of private defence of property extends to causing death.
Section 104. When such right extends to causing any harm other than death.
Section 105. Commencement and continuance of the right of private defence of property.
Section 106. Right of private defence against deadly assault when there is risk of harm to
innocent person.
BURDEN OF PROOF

 These exceptions being defences available to an accused to absolve himself


from criminal liability, the onus of proving them lies upon him.

 The court shall presume the absence of such circumstances. The prosecution
has to prove the guilt of the accused.

• Thus, A, accused of murder, alleges that, by reason of unsoundness of mind,


he did not know the nature of the act. The burden of proof is on A.

• It may be noted that unlike the prosecution, which has to prove the charge
beyond a reasonable doubt, the accused has to show that preponderance of
probabilities is in favour of his plea.

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